THE OLD 



STADT HUYS 



OF 



New Amsterdam. 



A PAPER READ BEFORE THE 

New York Historical Society, 

jtme 15th, rsrs, 

By JAMES W. GERARD. 



NEW YORK : 
F. B. Patterson, 32 Cedar Street. 

1875. 






Press of KiLBouRNE Tompkins, 

1 6 Cedar Street, New York. 



PROEM. 

By the permission of the New York Historical Society, 
I have been allowed to print and place before the public 
another historical paper connected with the Dutch nlstory 
of this city. 

The followino- account of the Old State House, or 
Town Hall, of New Amsterdam, will doubtless be found 
quite as interesting as was the paper on the " Old Streets 
of New York," also read by Mr. Gerard before the New 
York Historical Society. 

The legal trials of the Dutch period, as they have been 
transmitted to us, vividly portray the manners, modes 
of thought and social condition of our Dutch predeces- 
sors, and open a wide field for antiquarian research. 

Hoping that this additional venture of the publisher 
will meet with the approval of the literary community, 
I am the Public's obedient servant, 

F. B. PATTERSON. 



Mr. President and Members 

OF THE Historical Society : 

At the corner of Cpenties lane, facing Coenties slip, 
where now are the warehouses Nos. 71 and 73 Pearl 
street, in this city, is the site of the old " Stadt Huys,'' or 
City Hall of Nieuiv Amsterdam. Part of the foundations 
on that site are still shown as those of the ancient build- 
ing which I have proposed as the subject of a slight 
historical sketch. 

Where now, amid the busiest haunts of trade, are dis- 
pensed the products of commerce, once solemnly reigned 
Themis, clothed in the majesty and power of the Civil 
law. 

In 1642, the busy trade that was being carried on 
between New England and Virginia brought many 
traders and visitors to New Amsterdam. The coastine 
vessels often stopped there to repair damages after the 
perils of the Helle-gat, to break the monotony of the 
long voyage, to learn the state of trade — mayhap, solely 
to escape from the solemn reign of the blue laws, and to 
partake of the life and jollity of the little Dutch town ; to 
have a bout at nine pins and a glass of Rosa Soils with 
mine host, Gerrit, the miller ; or a draught of new ale 
and game of backgammon at Snedeker's little tap-room 
by the water side. 

Director Kieft was able to give the many traders and 
visitors but slight entertainment in the Fort, and was 
tired of playing the host promiscuously ; hence arose the 
Stadt Herberg, or City Tavern, subsequently conceded to 
the municipality as a City Hall. 

On one side was the little lane that still is there, then 
rural and paved with nature's verdure. In the rear was 



Hoogh straat, or the road to the ferry, our present Stone 
street. 

Behind the Herberg, on the Hoogh straat, was its neat 
little garden, where grew the cabbage, dear to the 
Dutchman's heart, and many a flower, caught and tamed 
from surrounding wilds. Through the garden there was 
a path and an entrance gate from the Hoogh straat. In 
front, no South or Front street then intervened. But 
directly to the view shone the bright waters of the river 
and bay, and the green hills of Breuckelen and the 
waving foliage on Nooten Island rose in the distance and 
bound the rural scene. 

The waters then rolled freely against the shore, soon 
thereafter confined to prevent their wearing action by 
the Schoeij?ig, or sheathing of boards, whence the front- 
ing street was called t' Waal or Lang f Waal. 

Of substantial stone was the Herberg, about fifty feet 
square and three stories high. The row of little win- 
dows in the roof, and the gables rising in successive 
steps, recalled the architecture of Old Amsterdam. 

A jovial man was Philip Gerritsen, to whom the City 
Tavern was leased by the Director, with a right to retail 
the Company's wine and brandy. 

A jovial man was Philip, and many were the merry 
makings, and lively were the times within the Herberg's 
walls. 

There was a lively time in March, 1644, when Gerrit- 
sen, proud of his position as the city Boniface, and of 
the merits of his cook, invited some of his cronys to a 
supper at the tavern. 

There was Dr. Hans Kierstede, from the Strand, then 
a lively young fellow of thirty-two, and his blooming 
wife Sara; and Nikolaes Koorn, just appointed " Wacht 
meester" at Rensselaerswyck, and his substantial vrouw, 
whom he had brought from the Fatherland ; and Gys- 



bert Opdyck, with his new wife Catrina, whose cheeks 
shone rosy through the snow white skin. Things went 
merrily, and bright eyes sparkled ; toasts went round 
and songs were sung. — When opens the door — and inso- 
lently and unmannerly break in John Onderhill, formerly 
captain in the Pequod wars, and George Baxter, then 
the English Secretary at New Amsterdam, both in the 
Dutch employ, but noted Swashbuckklers, and there- 
after troublesome seditionists. With them was Thomas 
Willett, a New Plymouth captain also, thereafter, in his 
staid days, the first mayor of New York — now a roy- 
sterer like the rest. 

The English interlopers are far in their cups. With 
many maudlin bows and scrapes they ask to join the fes- 
tive party, which is refused them. Then they insist that 
Gysbert Opdyck shall come out and drink with their 
party in another room. Opdyck refuses, and tries to get 
them out. 

Whereupon, we are informed, that they drew their 
swords and valorously hacked the cans on the tavern 
shelf and the posts of the doors, and slashed about in a 
terrible way, frightening the ladies and uttering words of 
boastinof and insolence. 

Then other English soldiers came in, chums of the 
former, and a fight is imminent, for the Dutch blood is 
warmed. Whereupon mine host sends for the Fiscal 
and the guard. 

This functionary arriving, orders Onderhill's people to 
depart. He refuses, and, with little regard for authority, 
hiccups to the Fiscal this severe remark : " If the Di- 
rector came here, 'tis well ; I would rather speak to a 
wise man than to a fool." " Then," says one of the 
Dutch party in his affidavit before the authorities, " In 
order to prevent further mischief, yea, even bloodshed, 
we broke up our pleasant party before we intended." 



When, after repeated petitions to their High Mighti- 
nesses in Holland, the municipal government of Schout 
Burgomasters and Schepens was given to the little 
town, the functions of the Herberg, as a hostelrie, ceased, 
and it became, in 1654, the Stadt Huys of Nieuw Am- 
sterdam. 

The original court of the settlement was that held by 
the Director and his council, whose proceedings were of 
rather an arbitrary character, as they sat both as a legis- 
lative and judicial body, and the members of the council 
were generally under the influence of the Director. 

Vander Donck, in giving a somewhat overdrawn ac- 
count of the state of the Colony to the Holland Directors, 
in i65o, speaks of Stuyvesant's Councillor, Lubbertus 
Van Dincklage, as being overruled by the Director ; of 
Councillor De la Montague, not daring to speak frankly ; 
of Brian Newton, the lieutenant of the soldiers, as not 
understanding the Dutch language, and having to say 
"yes" to everything, and of the Fiscal, Hendrick Van 
Dyck, being kept out of the council for many months. 

Attached to the Government was a Schout Fiskaal, or 
Attorney General, who also acted as Sheriff. He en- 
forced the ordinances, resolutions and regulations of the 
West India Company and the States General, and super- 
intended prosecutions and the execution of sentences. 

The Schout Fiscal had functions distinct from the City 
Schout under the city government of 1653. The same 
person, however, fulfilled the double duty until in 1660, 
when the magistrates were allowed to have a local or 
City Schout, who combined in himself what we know in 
our community as the offices of Mayor, Sheriff, and Dis- 
trict Attorney. 

When the City Schout was afterwards made a sepa- 
rate functionary he presided in the court, although the 



Burgomasters objected thereto, claiming that one of their 
number should preside. 

The Schout, two Burgomasters, and five Schepens, who 
finally composed the Court of Nieuw Amsterdam, insti- 
tuted in 1 652 by charter from the Home Government, 
had original jurisdiction in civil and criminal cases arising 
within their limits ; subject to appeal to the Director Gen- 
eral and Council. They seem also to have had general 
supervision of the town, and to have made minor ordi- 
nances and reofulations. 

Matters of internal police and state government were 
regulated by ordinances established by the local Director 
and Council, subject to any express direction from the 
Directors of the Company at Amsterdam. Laws of prop- 
erty and of a penal character were regulated by author- 
ity of the Amsterdam Chamber,; or were as prescribed 
by the Civil or Roman law as modified by the Imperial 
Statutes of Charles V., which were frequently quoted here, 
or by the laws and usages of the Dutch, the result of the 
greater civil and religious freedom which characterized 
that people. 

The Court was generally held once a fortnight — and 
sometimes once a week — and took an annual recess from 
the 14th December to three weeks after Christmas — for 
the winter holidays. This holiday would include Kerstydt, 
or Christmas, the Nieiizv Jaar, or New Year's Day, and 
the Feast of Santa Claas, or St. Nicholas. 

Adriaen Van der Donck was the first lawyer in the 
Dutch Colony. He was educated at the University of 
Leyden, and admitted a Doctor both of the Civil and 
Canon laws. 

On a request by Van der Donck, in 1653, to the Am- 
sterdam authorities to pursue the practice of his profession 
in the courts here, he was only allowed to give advice. 
With a strict Dutch sense of justice, he was forbidden to 



8 



plead, on the ground that " as there was no other lawyer 
in the Colony there would be no one to oppose him." 

Subsequently, as the town grew larger, and the occupa- 
tions of the citizens more divided, parties, instead of them- 
selves appearing in court and presenting their cases, pro- 
cured others to represent them. Sometimes the wife came 
into court presenting her husband's case, or excusing his 
absence, sometimes a son representing his parents, and 
often the busy traders employed to represent them one of 
the notaries, who in time became quite busy legal func- 
tionaries. 

There was old Dirck Van Schelluyne, who had prac- 
ticed at the Hague, and settled here in 1641, but who had 
so little business, at first, that he procured the appointment 
of Court Marshal, or High Bailiff, his functions being to 
levy executions and enforce process ; and there was David 
Provoost, admitted notary in i652, and Mattheus de Vos, 
who was also Bailiff, or Marshal ; and Solomon La Chair, 
who lived near by in the Hoogh straat, of whom we shall 
have something more to say by and by. There were 
also notaries Van der Veen, Tielman, Van Vleeck and 
Pelgrum Clock. 

Referees, or arbitrators, were often appointed in knotty 
matters, and to settle dubious points, or to examine the ac- 
counts, and were directed in the order appointing them, if 
possible, to reconcile the parties litigant — a pleasing mani- 
festation of the kindly nature of the court and its discour- 
agement of useless litigation. 

As regards the punishments inflicted by the court for 
public offences, as there was no State Prison in those days, 
we find the most usual were fines, banishment, the pillory, 
floo^eine, and sometimes confinement in a tavern or in one's 
house, or for a limited period with the town jailer in the 
City Hall. Theft was punished by scourging with rods, or 
banishment and fine ; assaults with fines, imprisonment on 



bread and water or small beer, or by temporary banish- 
ment. Branding on the cheek was sometimes employed 
for hardened criminals. 

A sailor, for desertion to the English, was posted as a 
villain. Another, for drawing a knife on a comrade, was 
dropped three times from the yard-arm, and received a 
blow or kick from every sailor on the ship. 

Tapping during church service, or .after nine o'clock, and 
selling drink or arms to the Indians, was of frequent com- 
plaint by the Schout. 

A usual punishment, particularly in the case of riotous 
or thieving soldiers, was to sit on the wooden horse. We 
read of Jan Alleman, an officer, who was condemned to 
ride the wooden horse and be cashiered, for valorously 
sending a challenge to Jan de Fries, who was bedridden. 

Also of Gerret Segersen, who, for stealing chickens, 
was condemned to ride the wooden horse for three succes- 
sive days, from two o'clock to the close of parade, with a 
fifty pound weight suspended to each foot. 

Violations of the Sabbath, too, were punished. 

It was forbidden to go nutting or picking strawberries 
on Sundays, as also were fowling, running, sailing, driving, 
and playing games. 

Albert, the Trumpeter, when brought up 'for having an 
axe on his shoulder on the Sabbath, saved himself from 
punishment other than a reprimand by showing that he 
was cutting a bat for his little boy. 

Theft was punished severely. 

Mesaack Martens, for stealing cabbages from Pieter Jan- 
sen, the ship carpenter, residing on t' inaagde paatje, was 
sentenced to stand in the pillory with cabbages on his 
head, and be banished for five years from the city. 

Herman Barensen, for stealing three half beavers, and 
sheets and pillow cases, was sentenced to be beaten with 
rods and banished the city. 



lO 



We read of another individual, bearing a well-known 
name, who was complained of for appropriating seawant 
and beaver skins, but more particularly for having stolen 
silver spoons from Cristyntje Capoen's house, at the feast 
of the celebration of marriage between Laurens Vander- 
Spygel and Sara Webbers, to which wedding he was in- 
vited. This not very high-toned operation, the court 
stated, " cannot be tolerated in a well-regulated place, 
where justice is administered, but must be corrected and 
punished as an example to others." Thereupon the sen- 
tence says, " the above-named youth shall be severely 
scourged with rods in a closed chamber, and banished for 
ten years out of the city jurisdiction, and further amerced 
in the costs and mises of justice." 

The defences of Lysbert Anthony, brought up for steal- 
ing black seawant from her mistress, Mrs. Domine Dry- 
sius, show a comical want of logic. Her defence was 
" that Barbar, the negress, who lived at Jan, the joiner's, 
had stolen a silver bell from Burgher Jorisen," and, for a 
second defence, " that the cupping woman told her to 
steal." 

Lysbert's pleas did not avail, and she was sentenced to 
be chastised by her mother Mary. " Mary," the chron- 
icle reads, " undertaking it, hath, with the assistance of 
long Anna, severely punished and whipped her daughter 
with rods in the presence of the worshipful magistrates." 

We have also the record of a capital punishment from 
the earlier annals of 1641. The court proceedings before 
the Council, urged by the Fiscal, were against Jan, of Fort 
Orange, Manuel de Gerrit, the giant, Anthony Portugese, 
Simon Congo, and five others, all negroes belonging to 
the Company, for killing Jan Premero, another negro. 

The prisoners having pleaded guilty, and it being rather 
a costly operation to hang nine able-bodied negroes be- 
longing to the Company, the sentence was that they were 



II 



to draw lots to determine " who should be punished with 
the cord until death, praying the Almighty God, the 
Creator of Heaven and Earth, to direct that the lot may 
fall on the guiltiest, whereupon," the record reads, " the 
lot fell, by God's providence, on Manuel Gerrit, the gicuit, 
who was accordingly sentenced to be hanged by the neck 
until dead, as an example to all such malefactors." Four 
days after the trial, and on the day of the sentence, all 
Nieuw Amsterdam left its accustomed work to gaze on the 
unwonted spectacle. Various Indians also gather, wonder- 
ing, to the scene, The giant negro is brought out by the 
black hangman and placed on the ladder against the fort, 
with two strong halters around his neck. After an exhorta- 
tion from Domine Bogardus, during which the negro 
chaunts barbaric invocations to his favorite Fetich,\\e is duly 
turned off the ladder into the air. Under the violent strug- 
gles and weight of the giant, however, both halters break. 
He falls to the ground. He utters piteous cries. Now 
on his knees, now twisting and grovelling in the earth. 
The women shriek. The men join in his prayers for 
mercy to the stern Director. He is no trifler, and the law 
must have its course. The hangman prepares a stronger 
rope. Finally the cry for mercy is so general that the 
Director relents, and the fortunate giant is led off the 
ground by his swarthy friends, somewhat disturbed in his 
intellect by his near view of the grim King of Terrors. 

It may be safely assumed, as a historical fact, based upon 
the res gestae and a rational probability, that a slight phy- 
sical experiment was thereupon made at some neighbor- 
ing tapster's upon the parched throat of the giant, to wit, 
the ascertaining how far his oesophagus was still capaci- 
tated for the transmission of the fluid compound known 
as Dutch beer. 

The worshipful Court had a great regard for its 



12 



dignity, and any invasion of that, and any " Scandalum 
magnatuTfi^ was severely repressed. 

The Burgomasters and Schepens, as a body, were ad- 
dressed by high titles of respect. 

On one occasion, in proclaiming a fast, Director Stuy- 
vesant addresses his communication " To the Most Wor- 
shipful, Most Prudent, and Very Discreet, their High 
Mightinesses, the Burgomasters and Schepens of Nieuw 
Amsterda7n.'' 

On another occasion, in asking them to look after the 
pigs, who were doing damage to^the newly finished works 
of the fort, he addresses them as his " Respected and 
particularly dear friends." 

And also, in another communication about the same 
pigs, which were a frequent cause of trouble, as ''Most 
worshipftd, gracious and distifigziishedr 

In 1654, however, we find that there was a terrible 
"■to-do" between the Fort and the City Hall; all arising 
out of the Governor's interference with the people's holi- 
days, and preventing the boys and girls from riding at 
the goose, at Shrovetide. This sport consisted in greas- 
ing a goose's neck, hanging the bird in the air, and 
trying to capture it in riding rapidly past. 

The Director and Council had issued an order prohib- 
iting such festivities. Domine Blom also issued a pro- 
nunciamento against them from Wyldwick. Whereat the 
worthy city representatives had demurred and grumbled 
greatly. Thence came another fulmination from the Fort 
of a most sarcastic and belittling character. It was ad- 
dressed *' To the small bench of justices." 

It recites the prior proclamation of the Director and 
Council, forbidding farmers' servants " to ride the goose 
at the feast of Backus and Shrove-tide, and that the Bur- 
gomasters and Schepens were aggrieved that the order 
should be made without their assent." It further recites, 



13 

" Besides, in their time it has never been practiced here. 
Moreover, it is altogether unprofitable, unnecessary, and 
criminal for subjects and neighbours to celebrate such 
popish and pagan feasts, and to practice such customs ; 
and yet, notwithstanding, the same (as the Burgomasters 
and Schepens sustain) may in some places of Faderland 
be tolerated and looked at throug-h the finders." 

It then recites, that "several delinquents were legally 
summoned by Claes Van Elslant, the Court Messenger, 
but did not come, and on being cited and summoned 
by the Fiscal before the Director, some of their number 
began threatening, cursing, deriding, and laughing at the 
the High Council, in an insolent and contumacious man- 
ner, in the presence of the Director General and Council, 
for which they were properly committed to prison. At 
which, the Burgomasters and Schepens do feel them- 
selves, in their quality, particularly aggrieved ! y^rj-d?^?//? / 
because the Director General had done this without their 
consent and knowledge. As if, without the knowledge 
and consent of the Burgomasters and Schepens, no order 
can be made ; no mob interdicted from celebrating the 
feast of Backus, much less have the privilege of correcting 
such persons as tread under foot the Christian and holy 
precepts, without the knowledge and consent of a little 
be7ich of justices!' 

" Appreciating their own authority, quality and com- 
mission better than others, the Director and Council 
hereby make known to the Burgomasters and Schepens 
that the institution of a little bench of justices under the 
name of the Schout, Burgomasters, and Schepens, or 
Commissioners, does in no wise diminish aught of the 
power of the Director General and Councillors, &c., &c. 

" Thus done in Session Director General and Coun- 
cillors. " P. STUYVESANT. 

" C. Van Ruyven, Secretary^ 



H 



Thereafter, accordingly, the lads and lasses, instead of 
"riding the goose" and honoring Bacchus on Shrove 
Tuesday, or at " Pinckster^' had to content themselves 
with pleasure parties to Nooten Island, the Kalck Hoek, 
or Bloemendael ; or with rambling in the Maadge Paadtje 
and to the Common or Vlacke, now the Park, for nuts or 
strawberries. 

In 1660 Walewyn Van der Veen appeared in Court to 
answer the charge of having called the Court mere " sim- 
plcto7is and blockheads^' for a certain adverse decision 
against him on a bill of exchange. After proof of the 
fact that these terrible words were uttered, the Court 
made sentence as follows : 

"That Walewyn Van der Veen, for his committed insult, shall here 
beg forgiveness, with uncovered head, of God, Justice, and the Wor- 
shipful Court, and moreover pay as a fine 190 guilders." 

We learn, subsequently, that Walewyn, having refused 
to obey the sentence, was committed a prisoner to his 
own house till the sentence was obeyed. 

Van der Veen, it seems, was quite a contumacious 
character, and had little respect for authority. He also 
dared to call the worthy Secretary of the Court, Johannes 
Nevius, for not showing him some records, "a rascal;" 
and said to him, " Had I you at another place I would 
teach you something else." On which the Secretary, 
being much aggrieved, demanded from the Court that the 
defendant should make *' honorable and profitable repara- 
tion for the insult." The Heer Officer Schout, as guar- 
dian, with the Secretary, stated to the Court, " that in 
consequence of the slander and affront offered to plaintiff, 
in scolding him as a rascal, which affects his honor, being 
tender ; and as the Honorable and Worshipful Court is 
not willing to be attended by a rascally Secretary, he de- 
mands a fine of fifty guilders, that it may serve as an 
example to all other slanderers, who for trifles have con- 



i5 



stantly in their mouths curses and abuse of other honor- 
able people." 

On another occasion the Court felt called upon to vin- 
dicate its dignity in the case of Pietertje Jans, widow of 
Claes Jansen Ruyter, whose house had been sold on an 
execution. She was brought up before the Court for say- 
ing of the Court, " Ye despoilers ! ye bloodsuckers ! ye 
have not sold, but given away my house." The com- 
plaining officer stated that, as this is a sting that cannot 
be endured., he demands that Pietertje be severely repri- 
manded and fined. The reprimand was accordingly 
made as follows : 

" Whereas, thou, Pietertje Jans, hast presumed shamefully to attack 
honorable people with foul, villainous, injurious words ; yea, infamous 
words. Also insulting, defaming, affronting, and reproaching the 
Worshipful Court of this city, publicly, on the highway, to avenge the 
loss which thou hast caused thyself in regard that thy house and lot 
were sold by the Marshal on an execution ; which blasphemy, insult, 
affront, and reproach cannot be tolerated or suffered to be done to a 
private individual, more especially to the Court aforesaid, but must in 
the highest degree be reprimanded, particularly corrected and severely 
punished as criminal. Therefore the Heeren of the Court hereby inter- 
dict and forbid you to indulge in such blasphemies for the future, or, 
by neglect, the Judge shall hereafter provide for it." 

Ill fared it also with Jan Willemsen Van Iselsteyn, 
commonly called Jan of Leyden, who, for abusive lan- 
guage and writing an insolent letter to the magistrates 
of Bushwyck, was sentenced to be fastened to a stake at 
the place of public execution with a bridle in his mouth, 
rods under his arm, and a paper on his breast with an 
inscription, " Lampoon writer, False accuser, and De- 
famer of Maeistrates." He was afterwards to be ban- 
ished. 

Nicassius de Sille, the Schout, too, was quite fastidious 
about his dignity. We find him complaining that when 
he goes about at night the dogs make dangerous attacks 



i6 



on him — and the boys, to bother and frighten him, hollo 
out " hidians" and cut capers. 

In order to show the varied business of the court, and 
to illustrate the somewhat quaint humors of the day, and 
the manners, customs, and occupations of our predeces- 
sors, I will present, miscellaneously, a few of the trials 
of the time. This will picture before us the people of the 
day in a somewhat more vivid light than would a general 
narrative. 

A pleasing feature connected with the administration 
of justice in Nieuzv Amsterdam, was that litigation and 
strife were discouraged, and effort was made by the 
magistrates to bring parties, if possible, to a reconcilia- 
tion or compromise. Mutual friends were frequently 
appointed to settle disputes. This was particularly the 
case in troubles between man and wife. 

Mrs. Annetje Fabritius, formerly Annetje Cornelisen, 
a widow, brought a petition for separation against her 
husband Jacob, and requested an order that the unfortu- 
nate Jacob should be directed to vacate her house. The 
defendant requested that an advocate be allowed him, as 
he did not understand the Dutch terms in the petition. 

The Court, among other things, decreed and ordered 
" that the parties comport themselves as they ought, in 
order that they win back each other's affection, leaving 
each other, meanwhile, unmolested." 

When, in i665, just after the English occupation, there 
was trouble between Arent Juniaansen Lantsman and his 
wife Beletje, daughter of Lodowyck Pos, the decision 
was: That "the court having inspected the papers and 
heard the debates, postpone the decision until next court 
day, and meanwhile their worships authorize some hon- 
orable and fitting person to reconcile, if possible, the 
parties to love and friendship." Further we read that 
Juniaansen not having reformed in his treatment of his 



17 

wife, the matter was referred to Domine Johannes 
Megapolensis and Domine Sam'l Drysius, who are re- 
quested to arrange, if possible, the question between him 
and his wife, and to reconcile them; "then, on the 
promise of amendment, and that such should not occur 
again, shall the past be forgiven ; but if one or the other 
party will not abide by nor submit to advice and arbitra- 
tion of the reverend preachers between this and the next 
court day, then proceedings may be expected according 
to the style and custom of law, as an example to other 
evil housekeepers." 

We further read of this trial, that Lantsman comes into 
court and complains that his wife's parents " would not 
come to any agreement, nor listen nor submit to the 
advice or arbitration of the venerable ministers, request- 
ing therefore that the court would please order his wife 
to return to him, as he could not any longer live without 
his wife, promising again to live with her as an honest 
man ought to do." Whereupon the wife was called upon 
and the husband's request read to her, and she was asked 
if she would now go with her husband on the promise of 
amendment given by him, but she answered " No — as 
he had already promised the same, but never kept it." 

The court, having heard further the statement of the 
parties, declare that they have contributed all in their 
power, as well through the clergymen as otherwise, to 
reconcile parties in love and friendship, but all in vain ; 
but finally came to the conclusion that the great cause of 
trouble is the wife's parents, and therefore order them " not 
to detain Mrs. Beletje in their house over fourteen days, 
within which time the parties must be reconciled, and the 
husband is exhorted to behave himself or he shall be de- 
livered over to the Governor to be imprisoned or sepa- 
rated from bed and board, or otherwise, as shall be 
deemed proper, as an example to other householders." 



Subsequently, Mrs. Beletje still remaining with her 
father, Lodowyck Pos, Arent Lantsman petitioned the 
court that their order should be enforced, and that they 
should compel his wife to return home. 

Whereupon the Court, being somewhat perplexed, re- 
ferred the whole matter to a jury, who decide that Mrs. 
Beletje shall return home, and that Mr. Pos shall no 
longer harbor her, which verdict was confirmed by the 
court. 

The further incidents of this little domestic episode 
have not come down to us. A curious feature of it was 
that Lantsman, who was now so anxious to get back his 
wife, was complained of before his marriage, after publi- 
cation of the bans, for not proceeding with the ceremony ; 
to which he responded for excuse that his clothes were 
not ready. 

A duel, too, was settled by the kind offices of the 
court in 1654. 

Francoys Fyn had flung a wine glass at Johannes 
Withart, at the house of Abraham La Moy. 

Accordingly, as the chronicle reads, through the inter- 
cession of their lorships Arent Van Hattem and Paulus 
Leendersen Van Die Grist, commissioners appointed by 
the Burgomasters and Schepens, the parties came to an 
agreement and settlement of the dispute between them. 
This agreement was brought about by a little sympo- 
sium, which put all parties in good humor ; and it was 
determined that Fyn should pay fifty carolus guilders to 
the deacons of the church, also one beaver skin to the 
Secretary of the Council, and also pay up the score run 
up in the arbitration while sitting at the public house. 

Slander and reviling, and even scolding, were visited 
with condign punishment. 

Our Dutch friends were very touchy on all points 
affecting their good name and reputable standing. 



19 

They had a sensitive honor, were proud of their repute 
as honest men and women, and not afraid to bring the 
slanderer up to the bar of justice. 

And the worthy burghers, even if a lady was a little 
free with her tongue, had a wholesome lesson taught her 
through the intervention of the court. 

Madaleen Vincent was fined sixty guilders for abusing 
the worthy Schepen Wilhelmus Beeckman, and saying to 
Beeckman's wife that the Schepen and the Heer Fiscal 
were in the habit of gambling away money of Madaleen's 
husband and leading him into evil courses. 

Pieter Gansen accused Maria Boot of saying he was a 
" thief and a rogue." 

Maria responded that the plaintiff first scolded her, 
and that he ought to quarrel with men, and not with 
women. 

The worshipful court condemn the defendant for her 
bad and unbecoming language, " which ought not to be 
tolerated in a well-ordered place where justice is main- 
tained," in a fine of 2 5 guilders, and that she ask the 
forgiveness of Justice and the plaintiff, and pay costs. 

Jan Cornelisen, calling Rutgert Jansen a " spitter- 
baard," and Jansen, in retaliation, calling Cornelisen an 
'' Ijidian dog," were both fined. So also Peter Pietersen 
Smit, for calling Joghem Beeckman a " black-pudding!" 

Isaac Bedlo was brought up for calling Joost Goderis a 
" horned beast," on which occasion Gysbert Vander- 
donck, one of the witnesses, pleaded he was not of age, 
and therefore, he said, " according to divers authors and 
jurists, not obliged to make oath concerning such a mat- 
ter ;" which plea the court overruled, and the learned and 
precocious Gysbert was obliged to testify. 

In the earlier time we find the Rev. Francis Douty, 
the English dissenting minister, summoning William 



20 



Gerritsen for libel, which consisted of a defamatory song 
against plaintiff and his daughter. 

The defendant pleaded guilty, and was sentenced to 
stand bound to the May-pole in the fort, with two rods 
around his neck and the libel over his head until the 
conclusion of the English sermon, and should he ever 
sing the song again to be flogged and banished. 

This was a severe lesson to William, and no doubt 
taught him better manners. 

When Jacob Hendricks called Hans Hendricks a 
" moff" it was so bitterly resented that it led to their 
fighting with knives. 

This word was a nickname given to the Germans in 
Holland. Hence the modern word " muff" as a depre- 
ciatory term. 

On another occasion, Peter Wolphertsen, husband of 
Hester Symons, sues Thomas Sandersen, husband of Sara 
Cornelsen, for the slander of the fair Hester. Where- 
upon, when brought into Court, Mrs. Sandersen with a 
repenting spirit and a slight simper, says she knows 
nothing against Hester Symons, and has seen nothing 
amiss with her ; and begs her pardon if she has ever 
spoken ill of her. Which remark seems to have poured 
oil on the waters and closed the trial in amity. 

So, also, the widow Catrina Bartram sued Thomas 
Jacobsen for slander. When brought up, however, the 
defendant declares in court that he knows nothing of 
plaintiff but what is honest and virtuous ; and plaintiff, 
reciprocating this pleasant remark, on her part declares 
that defendant is a " decent young man." It was to be 
expected that this open interchange of sentiment might 
lead to a domestic incident, but the fair widow subse- 
quently yielded to the matrimonial claims of Pieter Gur- 
gens, who had admired her spirit in asserting her char- 
acter. 



21 



There was a terrible time in 1662, between Mrs. 
Geertruyd de Witt, the miller's wife, and Mrs. Anneken 
Kocks, the latter being accused of striking the former 
and calling her husband a cuckoo ! 

The defence was that plaintiff's husband beat Mrs. 
Anneken's maid, and that plaintiff first seized the defend- 
ant by the cap and tore it from her head. Defendant 
further stated that her maid had run away and she could 
not produce her. She also calls as witness Gisbert, a 
soldier, who was also absent. Neeltje, the maid, subse- 
quently appears. Urged to tell the truth, she says she 
was told by her mistress to state that she was first 
attacked by Mrs. De Witt. Finally, on the last day of 
trial, defendant is asked if in pursuance of the order of 
the last court day, she hath proof that Jan de Witt's wife 
had first pulled the cap off her head. Whereunto she 
answers there is proof enough of it, but she cannot 
obtain it ; exhibiting the cap which was torn from her 
head, and says she is content if plaintiff will declare by 
her child unborn that she did not then first attack her. 
Finally Mrs. Anneken is fined fifty guilders and Neeltje 
severely reprimanded. 

Joghim Beeckman asks that the court give him hon- 
orable and profitable redress against Pieter Pietersen for 
saying that he, Beeckman, was not an honest man. 

The Court asked Beeckman how he understood " hon- 
orable and profitable." He answered that Pietersen 
should acknowledge him, Beeckman, to be an honorable 
man. 

Whereupon Pietersen was asked in presence of Beeck- 
man if he knew anything dishonorable of Beeckman ; he 
answered ''No!' The Court thereupon returned the par- 
ties their papers and ordered each of them not to molest 
the other any more about the matter, but to live together 
in peace. 



22 



We will imagine ourselves, for the moment, visiting the 
Stadt Huys of Nieuw Amsterdam at the morning session 
of the Court. 

It is a little before nine o'clock, of which we are noti- 
fied by Jan Gillesen Koeck, who is lustily pulling the 
Court- House bell, which is situate in the little cupola 
crowning the roof. 

The citizens who have business to do with the court 
are walking to it along the water side, or the Hoogh 
straat, discussing with each other the disputed matters of 
the day. 

Solomon La Chair, the notary, with Wassenaer's Praxis 
in his hand, walks arm and arm with his confrere, Van 
der Veen, conferring on some mooted point, or denounc- 
ing the Director's last innovation on municipal rights. 

The little Dutch boys, careless of the great interests 
impending, are whooping and sporting on the green, in 
front of the Court House, or jumping among the cab- 
bages in the jailer's garden in the rear, or staring, per- 
haps, in awe, at Big Pieter, the negro, the town whipper 
and executioner, who stands in the conscious dignity of 
his position leaning against the half gallows erected on 
the green. 

On the " Puy," or platform, whence the state procla- 
mations and city ordinances are announced, gathering 
his breath, sits old Stoffel Mighielsen, the town crier, 
who has just rung his bell three times and read some 
new directions from their High Mightinesses the States 
General, or from the Fort. In the river, in front, two 
Indians are lazily paddling their canoe, laden with tobacco 
and maize, towards the little canal in Broad street ; while 
out in the bay lies, drying her sails in the sunlight, the 
Nieuwe Liefde, " New Love," just arrived from Virginia, 
the pride of the nautical men of Nieuw A^nsterdam, and 
supposed to be the first three-masted vessel built on these 



23 

shores. There, too, is the " Pj'ins Matirits," just sailing 
for " Faderland," and the jovial song of her crew, weighing 
anchor, sounds cheerily over the bay. We now ascend 
the few steps of the stoep and enter the court-room of 
the Stadt Huys. Engraved on the panes of the windows 
are the arms of the city of Nieitw Amsterdam. 

Over the bench for the justices are interweaved the 
orangfe and blue and white colors of the West India 
Company, with the tricolor of Faderland. 

Around the room hang the leather fire buckets ready 
for use. 

On the magisterial seat are placed the stuffed red 
cushions, which are carried to the church on Sundays, 
and which are to hold the weight and judicial wisdom of 
Nieuw Amsterdam. Behind, is' the painted coat-of- 
arms of the City sent over by the Directors from Holland 
in 1654. 

Johannes Nevius, the Secretary of the Court, has 
taken his place at his desk, and is looking over his book 
of minutes. 

On one side of him is a little box containing the seal 
of Nieuw Amsterdam — the beaver for a crest and three 
crosses, saltier^ surrounded by a wreath of laurel ; at the 
other side is the half-hour glass, which, with Dutch punc- 
tuality, is turned precisely at nine, in order to fine such 
members of the court as are behind time ; six stuyvers 
for half an hour's delay, and twelve for an hour's. 

The Gerechts Boode, or Court Messenger, Claes Van 
Elslant, son of old Claes Van Elslant, the former court 
messenger and gravedigger, sits on one side of the Sec- 
retary. 

Pieter Schaafbanck, also Court Messenger and Jailer, 
is assigning places to those coming in and looking after 
Matthys, the negro, a prisoner whom he has brought 
from the little jail-room adjoining, arrested for stealing 



24 

Thomas Hall's fire wood. Pieter is more careful of his 
prisoners now, since he let Ritzert Bullock escape, and 
had to answer to Allard Anthony, the plaintiff, for it. 

Matthew de Vos, the Bailiff, is listening to some loqua- 
cious vro7iw, who is rehearsing her wrongs in no under- 
tone. 

On a little rack near by are the portly folios, the legal 
books of the day, the " Practyke ende Hande Bouck in 
Crimineele Zaacken," by the learned Doctor Van Brugghe ; 
the " Placards, Ordinances and Octroys of the Honor- 
able, Great and Mighty Lords, the States of Holland and 
West Frieslant;" "The Placards and Ordinances of the 
Lords, States General ; " " The By-Laws of Amster- 
dam;" "The Dutch Court Practice and Laws;" "The 
Wisburte Admiralty Laws ; " " Van Sutphen's Neder- 
landse Practycke',' and Damhouder's, and Barnardyn's and 
Muscatellus' great works on criminal practice. 

Against the wall is the nut-wood chest, where are 
kept under massive clasp and bands the records and 
archives of the court. 

Now come in the parties and witnesses summoned for 
the day. Some to plead their own causes ; some talking 
with the notaries. 

Silence is proclaimed in solemn tone by Claes Van 
Elslant, who turns the glass. A little cur is kicked yelp- 
ing from the room. The awe-struck multitude subside in 
seats as up the middle passage march the worthy Pieter 
Tonneman, the City Sckout, and the Most Worshipful the 
Burgomasters and Schepens of Nieuw Amsterdam. 
There are Burgomasters Paulus Leederzen Vandie 
Griest and Oloff Stevenzen Van Cortlandt ; and Schepens 
Joannes Van Bruggh, Jacob Strycker, Joannes de Peister, 
Isaac Greveraat, and Joannes Van der Meulen. 

When their seats are taken Domine Megapolensis 
looks towards the ceiling, and raises his voice in the 



25 



prayer usual on the occasion of the installation of the 
magistrates or at the beginning of the court terms. 

An extract of which I give, as showing the reverent 
spirit of the time : 

"We beseech thee, oh, fountain of all good gifts, qualify us by thy 
grace, that we may with all fidelity and righteousness serve in our 
respective offices. To this end enlighten our darkened understandings, 
that we may be able to distinguish the right from the wrong, the truth 
from falsehood, and that we may give pure and uncorrupted decisions, 
having an eye upon thy Word. * * * * Let all respect of persons 
be far removed from us, that we may award justice unto the rich and 
the poor, unto friends and enemies alike, to residents and to strangers, 
according to the law of truth ; and that not one of us may swerve 
therefrom. " 

The session of the Court being opened, Joannes Van 
der Meulen, by Solomon La Chair, his attorney, requests 
that a copy of Warnaer Wessel's rejoinder be served 
on him. 

Geertje Teunis, is brought up for tapping beer for 
negroes on a fast day. 

La Chair, as attorney for Jeems Mills, files his claim 
against Nathaniel Grain, in the great ship-attachment 
suit about the " Dolphin." Then 'comes up the suit of 
Symon Ydes against Hendrick Arensen, the Spaniard, 
for an accounting, as ship's husband, of the receipts of 
the schooner " Princess." 

Mrs. Litschoe then petitions the Court that the Bailifif 
sell some of the books of the late Sir Henry Moody, of 
Gravesende, who had died in Virginia, which books were 
left in her house in pledge for the young baronet's board. 
Among the books we find a Latin Bible and seventeen 
books on divinity and various Latin and Italian books, 
including the Sylva Sylvarum. 

Symon Jansen Is there in his suit against Albert 
Albertsen, to recover the price of land sold. 

There is Jacob Steendam suing, by Jacob Struycker, 



26 



to recover his rent of 289 guilders, two beavers and one 
wild cat skin, against Arent Lantsman. 

Madame Verlet, wife of Captain Nickolaes Verlet, ap- 
pears in her attachment suit for 200 florins against Albert 
Albersen, the ribbon weaver. 

And Asser Levy, the Jew, for his friend, Abraham Cohn, 
at Amsterdam, sues Cornelis Pluyvier on the bottomry 
bond given said Pluyvier on his vessel. 

There, too, is Abraham Frost getting his summons 
against Francois de Bruyn, for the delivery of seven 
ankers of strong waters. 

Then Jan Van Gunst and Thomas Teiller are brought 
up for fighting. 

Jacob Teunizen Kay is brought up and fined for not 
making his bread of the lawful weight. 

After ordering some attachments to be issued, appoint- 
ing arbitrators, and directing summons for next court, 
and appointing curators of insolvent and intestate effects, 
the Worshipful Court adjourns for the day. 

The tender emotions, in those days, gave frequent 
subject for judicial consideration. 

In the earlier period, in 1642, we read of Cornelius 
Melyn, the Patroon of Staten Island, suing Egbert Wou- 
tersen for loss of the services of defendant's daughter, 
who had engaged to be married before her term of ser- 
vice to Melyn expired. 

Elsje Jans, the maiden in question, testified that her 
mother and another woman had brought a young man to 
Staten Island whom she had never seen before, and de- 
sired her to marry him ; that she declined at first, as she 
did not know him, and had no inclination to marry, but 
was over-persuaded and finally consented. 

She concluded, as a propitiation to the offended ma- 
jesty of the law, by returning in court the pocket handker- 



27 

chief she had received as a wedding present from the 
over-persuasive youth. 

On May 17, 1644 (about two years later), we also read 
of Elsie Jans, as widow of Jan Petersen, suing William 
Harlo for breach of promise. 

The fair Elsie on this occasion produced a shilling, 
which she said she received from defendant as a pledge 
of his troth. 

In 1 656, before the Council, we read of Rose Goele 
suing Francois Soleil, the gunsmith, for breach of prom- 
ise. Francois had ungratefully refused to be united in 
Hymen's bonds, although the bans had been published 
and the parties had cohabited. He took before the Court 
the usual ground of uncongeniality of temper. He also 
ungallantly put in a plea that the fair plaintiff had a bad 
breath, and was capable of killing any man Hvingwith her, 
and that he would rather join the Indians than marry her. 

An interesting case also was that of Maria Besems, 
who, in 1660, summoned the gay deceiver Boudewyn 
Van Nieuwland before the Court for breach of his promise 
to marry her. We have a list of the tokens of interest 
which were produced before the Court as evidence in the 
plaintiff's case. First there was a little letter which Bou- 
dewyn wrote her, without any date thereto. Secondly, 
a copy of a written promise to marry her, upon which the 
too trusting Maria had fondly relied. The third piece of 
evidence was a torn letter written with a red lead pencil. 
The fourth was a certificate of her character by Dr. Sam. 
Coster and Mr. Jacob Block, surgeon at Amsterdam. 
The promise to marry, it appeared, had been abstracted 
by the defendant out of Maria's trunk on board the ship 
wherein they had come over. 

The defendant was held to bail in 3,000 florins, and 
subsequently an attachment was issued against his goods 
for the amount. 



28 



We have also the interesting case of Pieter Kock, of 
New York, who sued Anna Van Voorst, single maid, 
living at Ahasimus, reciting a verbal promise of marriage 
mutually entered into, and certain documents, presents 
and gifts. It appeared that Miss Anna, in consequence 
of certain misgivings, was in no way disposed to be mar- 
ried to the said Pieter ; and it was also proved by two 
witnesses that Pieter had theretofore given her up, with 
the promise of a written acquittal. Theretofore we read 
in the words of the record : " The Burgomasters and 
Schepens by these presents decide, that, as the promise of 
marriao-e has been made before the Omniscient God, it 
shall remain in force ; so that neither the plaintiff nor de- 
fendant, without the approbation of their lordships, the 
magistrates and the other one of the registered parties, 
shall be permitted to enter matrimony with any other, 
whether sino-le man or sino-le woman." 

As Pieter Kock died in 1661, leaving a widow Ann, or 
Annetje, it is to be presumed that his aspirations v>^ere 
finally gratified, although Annetje turned out a termagant, 
as further records show. 

There were gay roysterers occasionally at night about 
Nieuw Amsterdam. Arrested by Captain de Pos and 
his Rattle Watch, or falling under the observation of the 
vigilant Schout, they had to answer for their peccadilloes 
before the court. 

We find Abel Hardenbrook fined forty guilders for 
" having at night, and at|unseasonable hours, in company 
with some soldiers, created an uproar and great insolence 
in the street by breaking widows." So also Frans Jan- 
sen, for breaking windows and making a noise. So also 
Gerritt Gerrizen, for catching Annetje Cristopels by her 
plaited hair and pulling her on the ground. 

Cock fighting seems also to have been a sport indulged 
in by the "bloods" of the time. We read that Dirck 



29 

Jansen Van Deventer was sued by Jan Bally for striking 
the latter on his nose and mouth, and also for setting his 
doQf on him, so that the doe bit him and tore his breeches. 
All which arose from Bally taking" up a cock belonging 
to a companion. Bally asked of the Court that his injur- 
ies be repaired honorably and profitably. Van Deven- 
ter alleged in defence that the plaintiff first struck him 
with a rattan, and that he had no dog, and that it was his 
own cock the plaintiff caught up and took, and demands 
damages for the bird and the blow, and for the plaintiff 
havine called him a "Dutch douo^h face." 

The Court decides that as there are no witnesses to 
the matter, but as each party swears to his own story, 
they shall shake hands with each other and give each 
other no more trouble on the above account. 

The hogs and pigs, too, gave a great deal of trouble 
in those days, and furnished abundant aliment for litiga- 
tion. 

There was a pig case which required almost Solomon's 
judgment properly to decide. 

Abraham Jacobsen complained to the Court that a 
certain sow pig was found on the land of Harmen Smee- 
man, and, as no one recognized the animal, Harmen 
Smeeman gave her to him, on the condition that if the 
owner came he should give her up. Whereupon he 
took the pig, and proclaimed her through the town. 

But he alleges that the defendant, Joseph Waldron, 
has seized and kept possession of the pig without saying 
that she is his. The plaintiff requested the Court that 
defendant Waldron should show what right he has to 
the pig, or allow him, the plaintiff, to retain her. 

Waldron, on his part, alleges that the pig came in the 
winter amone his hog^s and ran with them and ate with 
them., and was admitted into their society without his 



30 

knowing who the right owner was, and that plaintiff had 
no more right in her than he has. 

The Worshipful Court, puzzled by these doubtful rights, 
after due deliberation, decide that, as neither party can 
swear that he is the owner of the pig, the pig shall be 
proclaimed by the deacons for eight days, and that they 
shall take her in default of right. 

Our old friend Mrs. Anneke Jans Bogardus also appears 
upon the forensic scene. 

The old lady does not submit herself personally to the 
annoyance and nervous irritation of the litigation, but 
sends Joannes Pietersen Van Brugh to represent her 
in an action for the rent of the valuable tract in the heart 
of this city now owned by Trinity Church, and claimed 
by a thousand thirsty litigants. 

She demands of Laurens Duyts, as assignee of the 
lease, the full rent of the Bouwery, which she leased to 
Jan Van Lieden. 

The defendant answers that he is not indebted, as Mrs. 
Anneke had released him from the rent, for which he 
was to pay two hogs, and that he hath paid one. 

The Court very properly ordered him to pay over the 
other hoe. 

This same Duyts was subsequently sentenced to be 
flogged and have his right ear cut off for selling and 
making over Mrs. Laurens Duyts, his wife, to one Jansen. 

There was also a great bear case in 1663, wherein 
Aaght Jans sued Cornells Jansen. 

The plaintiff averred that her boy shot a bear, which 
he tried to put in his boat, and that defendant came up 
there and said that he had chased the bear, and the half 
belonged to him. He thereupon forced the boy to toss 
up who should have the skin, which the plaintiff says her 
boy lost. 

Mrs. Jans, with a proper view of the law as to the 



31 

inadequacy of contracts made by duress, maintained that 
the defendant had no right to the skin, but that her boy 
should have it because he had shot the animal. 

The defendant, on the other hand, claimed that he 
chased the bear, and that he was on one end of an island 
and that the boy shot the bear on the other end, and 
admitted that he told the boy to toss up for the skin. 
Defendant further answered that he had eaten up the 
meat, which was past fighting for. 

After due deliberation the Worshipful Court decreed 
that the bear belonged to the boy, as he had shot him ; 
but since half the meat had been consumed by the de- 
fendant, and the plaintiff is content with the skin, that 
defendant shall deliver up to . plaintiff the skin of the 
aforesaid bear, and that the defendant might keep what 
he had eaten. 

Amonof the miscellaneous trials we find a notable one 
of Hendrick Jansen Claarbout Van der Goes. He was 
charofed with utterinof treasonable words asfainst the 
Government, which subjected him to capital punish- 
ment. The Court being in doubt whether it could inflict 
capital punishment, that being within the jurisdiction of 
the Governor and Council, was authorized by the Director 
to hold the court for the investigation of the matter. 
Many of the Court voted for capital punishment. The 
sentence finally was that the accused be whipped, branded, 
and banished the country. 

There was also a muff case, in i65g, between Hendrick 
Willemsen, the baker, and Jan Cornelisen Van Hoorn, 
which the Court had to refer to arbitrators to decide. 

The plaintiff demanded from defendant a muff which 
was brought to him to have made smaller, and which he 
spoiled. He requested payment, or that the muff be re- 
turned in s^ahi qtw. 

The defendant replied that the plaintiff's wife left it to 



32 

be made smaller and narrower, and that he did not cut it 
off, but took it in. 

The plaintiff replied, saying that his wife said to defend- 
ant, " Jan Cornelisen, we wish you not to make the muff 
smaller or larger, but leave it as it is." All which the 
defendant denied. 

The Court referred the knotty matter to two old citi- 
zens, Jacob Strycker and Isaac Kipp, to examine whether 
the muff was spoiled; if not spoiled, to estimate its value, 
but at all events to reconcile the parties, if possible, other- 
wise to report to the Court. 

Among the miscellaneous trials, also, we find Egbert 
Van Dorsum, the ferryman and tavern keeper at Breuck- 
elen, suing Captain Augustyn Beaulieu, a gay French 
captain, who by permission was allowed by the Council 
to bring a prize into port, and who remained for some 
time, making himself merry in New Amsterdam. The 
suit was for an entertainment given for fourteen persons, 
which had been ordered by the gallant captain. The 
captain responded that he would pay for half, but that the 
other guests agreed to pay for the other half. He also 
objected to part of the bill as being charges for trouble 
and cleaning up. 

The Court charged the captain with 2 5o guilders, on 
the ground that he had ordered the dinner ; and ordered 
that the other defendants pay the rest, unless they prove 
that the captain had invited them. 

We find also an action against Jacob Leisler, the subse- 
quent dictator of New York, during the troublesome 
times of King James' abdication. 

Leisler was then a young man, who came here to seek 
his fortune in the military service of the Government, and 
had just married a well-to-do widow. He appeared in 
court to meet the demand of Agnytie Hendricks for a 
year's wages, amounting to lOO guilders in seawant and 



33 

four beaver skins, for having dismissed Agyntie from his 
service before the expiration of her year's hiring. 

The defendant answered that inasmuch as plaintiff had 
consumed almost a bottles of strawberry preserves, also 
biscuit of his ; moreover, as it came to his ears that she 
had two fellows climb over the wall to her while he was 
in church with his wife, and received no service from her, 
he had nothing to do with her. 

Plaintiff denied having had the fellows climb over the 
wall, and claimed that the children ate the preserves. 

The Court finally decreed that the defendant pay plain- 
tiff a quarter's wages. 

This decision seems to have settled two historical facts 
and one legal proposition. 

Fii^st. That there were strawberry preserves in those 
days. 

Second. That children in those days were fond of them. 

TJiii'd. That it was no leofal defence ao-ainst a claim for 
wages that a "Biddy" should have a cousin or two to 
jump over the wall and pay a friendly visit while the 
" folks " were at church. 

There is also amono- the records of the court a com- 
mission granted to the curators or trustees of the estate of 
the deceased Harman Bamboes. By the law of the time, 
when the debts of an estate exceeded the assets, the right 
to succession or inheritance might be relinquished, and 
the heir or widow relieved of all claim from the dece- 
dent's creditors. 

The recital in the commission in question contains the 
quaint metaphor of words, in which the widow relin- 
quished her rights. The recital is as follows : 

^'Whereas Harman Jacobsen Bamboes has been lately shot dead, 
murdered by the Indians, and whereas the estate left by him has been 
kicked with the foot away by his wife, who has laid the key on the coffin, it is 
therefore necessary to authorize and qualify some persons to regulate the 
same, in order that the interested or the directors may obtain their own." 



34 



The widow thereafter renounced in court all rio-ht to 
the estate, and when asked to declare that she had no 
property concealed, declares " by her trotJi, instead of an 
oath (as she is scrupulous and not accustomed to take 
an oath), that there is no other property." 

As connected with the legal transactions of the time, I 
must refer more particularly to two or three of the old 
notaries of New Amsterdam. 

Many of their original official acts are still to be found 
in our archives. These bring back vividly the living 
actors then passing along the stage of life, with their 
daily schemes and plans, and interests such as our own. 

As we look over the musty records of Walewyn Van 
der Veen, yellow and worn by time, we can picture to 
ourselves, for example, old Juriaen Blanck, the schipper, 
and his faithful helpmate Tryntje, hand in hand, entering 
the notary's house on the Pcrel straat, with two witnesses, 
Pieter Jacobus Marius and Jacobus Vanderwater, to exe- 
cute their will made in favor of each other. 

Wills were solemn affairs in those days. I will give 
you a part of the will as executed, showing the pious feel- 
ing which in that day pervaded all transactions : 

" In the year of the birth of our Saviour Jesus Christ 1662, on the 
2 ist August, about nine o'clock in the evening, before me, Walewyn 
Van der Veen, notary pubHc, &c. , in New Amsterdam, in New Neder- 
land, and before the undersigned two witnesses, appeared the worthy 
Juriaen Blanck and the virtuous Tryntje Klaessen, married people, to 
me, the notary known, both in the full possession and use of their 
understanding, memory, and speech, as outwardly appears to us ; who, 
reflecting on the shortness of human life, the certainty of death, "and 
the uncertainty of the time and hour thereof, in order to anticipate the 
same by prudent foresight, and after mature deliberation and advice, 
and without being by any one thereto misled or sinisterly persuaded, 
after having previously commended their souls into the merciful hands 
of the Almighty God, and their bodies to a decent burial, and revoking 
all foregoing testaments, they, the appearers, making their will, have, 
out of love and special nuptial aft'ection, which they declared they bore 



35 

to each other, and good considerations given to each other reciprocally 
on both sides as 'they hereby do, all the fruits and profits of all the 
goods without any exception, which the first dying shall happen to 
vacate and leave behind by death, " &c. 

Dirck Van Schelluyne, another notary, was commis- 
sioned to practice as notary for New Netherland by a 
resolution of the States General, in April, i65o, being 
formerly a notary at the Hague. 

He was a man of independent spirit, and protested 
against Stuyvesant's encroachments on the public rights, 
saying that "he dared not prepare anymore writings, but 
commended matters to God." 

Finally, after complaint to the States General of ob- 
struction to his due action as a notary by Stuyvesant and 
his council, the States General sent a positive mandamus 
to Stuyvesant and the Council that Van Schelluyne 
should be allowed to discharge his functions without their 
interference. 

Solomon La Chair was also a f)rominent man in those 
days, and added to his employment as notziy that of 
landlord in one of the little taverns of the town. He also 
attended the courts, as we have seen, as a practitioner and 
pleader. Among his notarial records we find an account 
of an action prosecuted by him in 1661 in behalf of the 
magistrates of the town of Gravesende, as successors to 
the title of Lady Deborah Moody, against Evert Pieters 
and Harmanus Vedder, as agents of Gysbert Van Op- 
dyck, to establish the title of the magistrates to the region 
known as Conyen, or Coney Island. The suit was deter- 
mined in favor of the magistrates. For gaining this 
important suit, the worthy notary's bill of twenty-four 
florins, or about |io, is annexed in full to his report, 
which also shows how the bill was paid, viz. : 

"Furnished a copy of this acc't to the Schout of Gravesendes on 16 
Jan'y, 1662, who promised to pay me in gray peas, at Beaver's price. 



36 

Rec'd of Wilhelm Wilkins, in paym't of above acc't, eight skepels of 
gray peas." 

Solomon La Chair was also a man of spirit, and not 
afraid to speak out his views on any subject. 

We find him, in i655, charged with affronting the Fire 
Inspectors, then going their rounds to order to be taken 
down all wooden chimneys. The worthy Solomon abused 
these officials as chimney sweepers, and said, when a fine 
was demanded of him by the court messenger, "Is it to 
have a little cock booted and spurred I shall give it?" 

For this the Court imposed a fine of twelve guilders, 
the sentence stating "that it is not seemly that men should 
mock and scoff at persons appointed to any office, yea, a 
necessary office." 

La Chair was also a man of might and metal, for we 
read he was complained of for taking away a soldier's 
sword who was having a war of words with one Vervelen 
in La Chair's tavern. The Schout claimed that a land- 
lord had no right to take away a soldier's sword when 
insulted. La Chair proved in his defence that, on the 
two parties fighting, he had separated them, carried Ver- 
velen home, and kicked the soldier out of his house. 

The worthy Solomon had several little litigations of his 
own. We find him sued by Claas Vissen for two hogs- 
heads of French wine, and by Geertje Hoppe for drink- 
ing a can of wine with sugar. 

We find him also complained of for tapping after the 
ringing of the nine o'clock bell, and sued for rent by Jacob 
Steendam, the Amsterdam poet, and also sued for wages 
by a hand on his yacht, the Pear Tree. When sued for 
the balance due on the purchase of a house, we read his 
curious answer requesting time, and saying that the 
money was ready at one time, but had slipped through 
his fingers. 

La Chair was also a farmer on the excise of slaughtered 



37 

cattle, but in spite of his various employments he died 
insolvent about the time of the surrender, in 1664. His 
widow, Anneke (Ryzens), soon consoled herself by mar- 
rying one William Doeckles. On being questioned in 
court whether she had given up all the deceased's prop- 
erty to his creditors, she said that a gown and petticoat still 
remained in pawn with Frederick Philipse (subsequently 
lord of Philipse's manor) for a debt of 1 5o guilders con- 
tracted hy her in widowhood. 

The Court then said that whereas William Doeckles 
agreed to pay the debts which Anneke had contracted in 
widowhood, the gown and petticoat must go to the ben- 
efit of the deceased husband's creditors. 

We are informed, however, that the fair Anneke there- 
upon pleaded her own case, and earnestly brought the 
Court to allow her to retain her gown and petticoat, 
which probably were of some favorite fashion, and that 
her eloquence was so effectual that the Court finally 
granted her request, and entered an order of indemnity 
to the curators of the estate. 

By further entry on the records we find that Anneke 
had still a feeling of affection for her departed lord, and 
a sentimental memory of her first, in spite of her new 
relations. Even in the midst of the agitation and excite- 
ment consequent upon the surrender to the English, the 
Court did not refuse to hear Anneke's humble petition to 
retain out of the bankrupt estate a picture of herself and 
her deceased husband. She also requested to retain the 
family bed on a valuation to be fixed by the arbitrators. 

The last memorial record we have recalling Solomon's 
existence is that wherein Hendrick Obe, in January, i665, 
claimed a preference over the other creditors for expenses 
in providing an anker of French wine for the sorrowing 
guests, who smoked and drank as they talked over the 
virtues of the departed worthy at his funeral ceremonies. 



38 

Pelgrum Clocq, another notary, seems not to have 
been a very successful practitioner, his receipts for some 
time not keeping him in drink and board, for which he 
was sued. 

Pelgrum Clocq seems also to have been unfortunate in 
making many mistakes. 

In one instrument he had wrongfully recited the ap- 
pointment of a guardian of an infant on the sale of a 
house, and, after reciting the facts, he is thus openly 
reprimanded in court : 

" Whereas you, Pelgrum Clocq, in the above and other of your 
instruments, have committed great abuses, whereas serious mischiefs 
might arise, and according to the law of the Orphan Chambers no 
no notary can draw up any instrument relating to widows and orphans 
without a chosen guardian, therefore you are hereby ordered and 
charged by the Burgomasters and Schepens of this city not to draw up 
within six weeks from date any instrument appertaining to the subal- 
tern Court of this city." 

We find among the records a contract of sale of land. 
It shows the important part played by John Barleycorn 
in the legal transactions of those days. It is as follows : 

"Before me, Cornelius Van Tienhoven, Secretary of New Netherland, 
appeared Harck Sybesen, who acknowledged to having sold to Barent 
Dircksen his house and lot, earth and nail fast, both big and little, as 
the same is situated on the island of Manhattan, near Fort Amsterdam, 
which Dircksen also acknowledges to have purchased for 175 guilders 
and a half barrel of beer, as a treat for the company, to be paid in fourteen 
days, when the delivery of the house and dependencies shall take place. 

"It is agreed that if either party backs out or repents of the sale he 
shall pay a half barrel of beer. " 

. In abstracting the above various matters as specimens 
of what passed before our ancient court, I have only 
taken those of a somewhat curious and quaint character. 

There were many other actions presented much more 
serious and important, such as ejectment and trespass for 
land, actions on charter parties, bills of exchange and 
notes to recover the price on sales of merchandise, and 



39 

others, abundantly illustrating the active industry and 
enterprise of the little city. 

For example, there was the great admiralty case of Ed- 
ward Leake against the merchant and trader, Nicholas 
Boot. 

The case showed that Leake, an English merchant re- 
siding in New Amsterdam, made a charter party with 
Boot to take from a port in Virginia to the '' Mmtathaes" 
a cargo of tobacco and hides. Boot, instead of landing 
all the tobacco, delivered only a portion, and proceeded 
to New England with the rest of the tobacco and other 
cargo to be delivered there. In returning he ran upon a 
rock in Hell Gate, near Barent's Island, and the vessel 
being submerged, the remaining tobacco was ruined. 

Whereupon Leake claimed from Boot the value of the 
tobacco so destroyed, alleging that the voyage had ter- 
minated on the first arrival of the vessel at Nieuw Am- 
sterdam, and that she should not have taken the tobacco 
further, and if she did, it was at the peril and risk of the 
shipowner. 

Thereupon Boot, the shipowner, sued Leake for the 
freight, and Leake sued Boot for the value of his to- 
bacco. 

Judgment was ordered against Leake, whereupon he 
appealed to the Director and Council. 

Subsequently we find this entry, in which our friend 
Solomon La Chair again appears as a '■'■bon vivant :" 

" Boot and Leake terminated their difficulty through the intervention 
of Solomon La Chair and Warnaer Wessels, and it was agreed that 
Leake should pay the freight of the sound goods and his passage 
money, against which Boot shall make good to him the value of some 
of the cargo lost. " 

Each party was to pay his own costs, and also ^' half 
the treaty without which in those days no good arbitrator 
would condescend to act. 



40 

Now arrive the sad last days of the old Court — the 
period of the surrender to the English. Unaided by the 
Faderland, the old fort crumbled in ruins, with insufficient 
ammunition, and commanded by hills within pistol shot, 
with few soldiers to oppose against ships bristling with 
guns and manned by regulars ; English Long Island, 
aided by savage auxiliaries, breathing rapine and slaugh- 
ter. Stuyvesant sorrowfully yielded up the threatened 
town to save it from utter destruction. 

Sadly now reads the chronicle of the day announcing 
to the Directors in Holland the doom that could not be 
averted. From the minutes of September, 1664, we 
read thus : 

" To the Right Honorable Prudent Lords, the Lords Directors of the 
Honorable West l7idia Company, at the Amsterdam Chamber : 

"Right Hon. Lords: 

"We, your honor's loyal, sorrowful and desolate subjects, cannot 

neglect nor keep from relating the event which, through God's pleasure, 

unexpectedly happened to us in consequence of your honor's neglect 

and forgetfulness of your promise. " 

The letter relates the history of the siege, and con- 
cludes thus : 

"Meanwhile, since we have no longer to depend on your honor's 
promises or protection, we, with all the poor surviving and abandoned 
commonalty here, must fly for refuge to Almighty God, not doubting 
He will stand by us in this sorely afflicting conjuncture, and no more 
depart from us. And we remain your sorrowful and abandoned sub- 
j^^^^- ' ' p. tonnemann, 

' ' Isaac Graveraat, 
" P, L. Van Der Grist, 
' ' T. Gabry, 
" N. DE Meyer, 
' ' C. Steenwyck, 
" Jacob Backer. 
" Done in y^rr^, herebefore named Amsterdam, A. D. 1664, 16 Sep." 

As a contrast, just after this sad missive was prepared 
and the doom of the Colony sealed, comes in Albert, the 



41 

trumpeter, from the Schaap-waytie, and demands the 
prosecution of a certain attachment made on a hog. 

After the surrender, the old court continued its session 
in the Dutch style, administering the old laws for a long 
time after the change in the government. 

On the 14th October, 1664, the magistrates and some 
of the principal inhabitants met at the City Hall, on 
notice from Gov. Nichols, who appeared with his Secre- 
tary. 

There were the Burgomasters and Schepens, and 
Allard Anthony, Joannes de Peister, Jacob Kip, Jacques 
Cossean, Isaack de Foreest, Jeronimus Ebbinck, and 
other leading citizens. 

Governor Nichols, on entering, asked where Peter 
Stuyvesant and Secretary Van Ruyven and the preachers 
were. He was answered that if it was known that they 
were wanted they should have been sent for, to which 
Nichols responded that they should be sent for. On 
their arrival, the Governor requested the assembly to 
take the oath of allegiance to Great Britain, which was 
read. 

The meeting stoutly refused to take the oath, unless to 
the oath was appended that it was to be taken subject to 
the articles of capitulation on the surrender, and the 
guarantees given by those articles, upon which the Gov- 
ernor and his Secretary departed, and subsequently made 
proclamation, stating that the oath was to be construed 
with reference to such articles, upon which all who chose 
to remain in the land, under the new dominion, took the 
required oath. 

On the 13th of June, i665, Governor Nichols appears 
in the Assembly with his clerk, and the latter reads to 
the Court a formal revocation of the old Government, 
and a commission or charter to the " Mayor and Alder- 



42 

men of the new City of New York" — the first of its long 
Hne of charters — and still a muniment of title. 

On the succeeding day, under the new charter, the 
Governor appoints Thomas Willet to be Mayor, and 
Thomas Delavall, Oloff Van Courtland, Johannes Van 
Bruggh, Cornelius Van Ruyven and John Lawrence, Al- 
dermen, and Allard Anthony, Sheriff. These are duly 
installed by the Governor, after kind remarks as to the 
action of the late Board, and mentioning the appointment 
of some English as well as Dutch, "on purpose that par- 
ties may be better aided on both sides, as well English as 
Dutch, who go to law, and the better to strengthen the 
peace and quietness of the inhabitants of this town." 

The last entry of the records of the old Court, dated on 
the above 14th of June, is as follows : 

"After the taking of which oath and the customary ringing of the 
bell three times, the aforesaid qualified persons are made known and 
proclaimed to the Commonalty of the City, in order that they hold 
them in due respect." 

Amid these solemn proceedings there is an amusing 
interlude. 

On the last day of the Sessions of the old Court comes 
Mrs. Pieterje Jans with a suit against Evert Duyckinck, 
for "^ little orna?}te7ital head dress," worth fifty-five guil- 
ders, bought by his daughter from plaintiff, but which 
Mrs. Duyckinck had sent back, saying that the daughter 
had no right to buy such without the knowledge of the 
parents. The defendant says he was not present when 
his daughter bought the head dress, and knew nothing 
of it, and says it is 7iozu ?io time to wear Jiead dresses, and, 
besides that, the price is extortionate. The plaintiff re- 
torts that the defendant was near by at the time, and said 
it was his children's money, and what she states is as 
true as that she is a sinful woman and stands there. 



43 

The result was, after such an abjuration, that Mrs. 
Jans was awarded the price of the head dress. 

After the surrender to the EngHsh, the little city, with 
a sigh after ''Patria^' as they called it, and sorrow for her 
desertion, setded down peacefully under the English rule, 
until occurred another crisis in its history, and the flag of 
the Faderland again floated from the staff in the fort. 

The Dutch Captains Evertsen and Binckes, cruising 
along the coast from Virginia on a fine morning in July, 
1673, caught Governor Lovelace napping, and uncovered 
their guns from seven ships of war against the fort. 

Down to the waterside march Captain Manning and 
the English troops. Down Broadway to the fort march 
the Dutch with Captain Colve and his storming party, 
who find the gates open. The English flag goes down, 
the Dutch tricolor waves again in the breeze, and for a 
year again our old friends the Schout, Burgomasters and 
Schepens resume their lucubrations in the City Hall. 
The little city, under its changed name of New Orange, 
again sternly bristles against New England and transat- 
lantic foe. 

Again abandoned, however, by the Mother Country, 
the Province, by the Treaty of Westminster, is again 
ceded to Great Britain — Governor Colve is succeeded by 
Governor Edmund Andros — New Orange becomes New 
York; and the Dutch no longer possess New Neder- 
land. 

On the 9th of November, at the City Hall, where were 
present the Heeren Burgomaster and Schepens, and the 
Council of War, as the chronicle reads, the Governor- 
General Anthony Colve appeared in Court and commu- 
nicated to it that he should, pursuant to orders, deliver 
over "on the morrow the Fort and Province of New 
Nederland to Governor Andros, in behalf of his Majesty 
of Great Britain." 



44 

He, thereupon, thanked the Court for its past services, 
and at the same time absolved and discharged them from 
their oath of allegiance to their High Mightinesses and 
his Serene Highness of Orange. 

In 1679 the old City Hall began to fail. The records 
of the Supreme Court of that time show an appropriation 
of studs and planks to support its tottering frame. 

Until 1699, however, still lasted its legal life. 

For nearly sixty years this venerable servant of the 
Commonalty had ministered to the public weal, and seen 
the chancres that Time brouo^ht forth. 

It had grown old and decrepit in service. Most of its 
old Dutch friends had passed away. The living had few 
associations connected with it. Remorseless Time had 
claimed it, and John Rodman, a merchant, for about 
^900 purchased its remains. 

Its successor, in 1700, was erected on the corner of 
Nassau and Wall streets, facing Broad street. 

There is a reflection to be made upon the proceedings 
in the Stadt Httys, creditable not only to our Dutch pre- 
decessors, but to their English successors in the Colony. 

There is 710 stain of blood on them based upon condem- 
nation for religious opinions. The spirit of peace and 
eood will that reigned in New Amsterdam still breathed 
benignly over the city changed in name, and stamped it 
then, as now, imperial, not only in commerce, but in 
humanity. 

True it is that Stuyvesant, in opposition to the more 
liberal policy of his predecessor Kieft, hated and mal- 
treated Quakers, and interdicted them from preaching. 
But Stuyvesant's harshness was not endorsed by the 
people, and met with the opposition of even his own 
sister. 

Besides, Quakers, in those times, were somewhat mal- 
contents, and openly scouted authority. 



45 



They were driven away, but not led to the gibbet, as 
in New England. 

True it is that Domines Megapolensis and Drysius dis- 
liked Lutherans and opposed their establishment as a 
church where the Dutch church was still struofSflino- for 
support ; but there was no interference with private belief 
or worship, and the Directors in Holland, testifying their 
opposition to a rigid sectarianism, wrote those domines 
that, in future, they would send out clergymen " not 
tainted with any needless preciseness, v/hich is rather 
prone to create schisms than to edify the flock," 

When Stuyvesant, attacking the Lutherans and Bap- 
tists, published his ordinance imposing a penalty for 
holding conventicles not in accordance with the Synod 
of Dort, it expressly waived any right to control the con- 
science, or to prevent such worship as people chose in 
families. Stuyvesant, too, was rebuked by the Home 
Government for having issued the ordinance. 

When Francis Doughty, for venturing to assert that 
Abraham's children should have been baptized, was 
driven from New England, he was received at Manhat- 
tan, and land and money given him by Director Kieft, 
with a guaranty of freedom of religion. 

When Throgmorton and thirty-five English families 
were driven from Massachusetts to banishment, they were 
received by the Dutch ; and as the ground brief, giving 
them lands on the East River, reads, were "to reside 
there in peace and enjoy the same privileges as our other 
subjects, and to be favored with the free exercises of their 
religion. 

Many Protestant familes not in accord with the Synod 
of Dort settled in New Nederland. Anabaptists from 
England, Huguenots and Walloons from France and the 
Spanish Netherlands, and Waldenses from Piedmont. 

Roger William fled to New Amsterdam when driven 



46 

from Massachusetts ; and Mrs. Anne Hutchinson found 
there a refuge from persecution. 

On an application, in 1661, by a committee of EngHsh 
planters to establish their congregational churches in such 
parts of New Nederland as they might settle in, and to 
be admitted as inhabitants by the Government, the an- 
swer of the Director-General and Council was as follows : 
Observe the quaint English words used — 

"Because there is no difference to be found in the principalis of the 
worship of God betwixt those churches here and the Church in New 
England as only in the Reininge of the same. The Director-General 
and the Council doe not make much difficulte for to bear her conde- 
sent unto the two first prop'ns, more lesse because in our Patria do 
like here. The prosecute of conscience is not practiced. Interim, 
they does heartly wusch and hope, that through nearer congregations 
and monthly conference between our and their ministers, there sal be 
practised and continued good unite and brothership." 

Even when the Colony was needy and suffering, 
Director Kieft, with heavy ransoms, rescued the Jesuit 
Fathers Jogues and Bressani from the Indians and gave 
them refuge, food and clothing, and free transport to 
Europe. 

The Jews, persecuted elsewhere, were here protected 
from insult. When Assar Levy, the butcher, petitioned 
the Court for redress, asserting that Claes Dietloffsen, 
weigher for the city, offered him "divers affronts," and 
requested that he might be granted the same privileges 
and freedoms as are allowed to the other inhabitants of 
the place, the Court ordered Dietloffsen, under a penalty, 
not again to insult the petitioner. Salvador d'Andrada, 
and other Jews, in i657, were, on their petition, admitted 
to the rights of citizenship. 

When, under the insania of religious sectarianism, the 
arm of the civil government in New England, as has 
been remarked by Judge Story, " was employed in sup- 



47 

port of the denunciations of the Church," the Island of 
Manhattan was a refuge for the oppressed. 

The witchcraft delusion found no home with the peo- 
ple of this island. 

And yet they had New England for an example, then 
distracting homes and leading protesting innocents to the 
stake. 

What, though the Common Law of England recog- 
nized witchcraft as an offence, and the Statute of James I. 
asserted it, and Queen Elizabeth, and King James, and 
Sir Walter Raleigh, and Lord Hale, believed it, and 
even Moses had said, ''Thou shalt not suffer a witch to 
live," no law against witchcraft has been found among 
the Statute Laws of New Nederland or of New York. 

During the heat of the witchcraft excitement, when 
even the English settlements of South Hampton and East 
Hampton were sending their witches to Connecticut for 
trial, the ministers of the Dutch and French churches in 
New York, in protesting against the summary style of 
proof and trial in vogue, asserted that " the apparition of 
a person afflicting another is very insufficient proof of a 
witch, and that a good name, obtained by a good life, 
should not be lost by mere spectral accusation." 

Stuyvesant had good cause of complaint against Con- 
necticut on this score. 

We read, in 1662, of his letter addressed to the Deputy 
Governor and Court of Magistrates at Hartford, in behalf 
of one of his connections arrested as a witch : 

" Honored and worthy sirs : By this occasion of my brother-in-law 
being necessitated to make a second voyage to ayd his distressed sister, 
Judith Varlet, imprisoned, as we are informed, upon pretend accusa- 
tion of witchery, we realey believe, and, out of her well-known educa- 
tion, life, conversation, and profession of faith, we dare assure that she 
is innocent of such a horrible crimen, and wherefor, I doubt not he will 
now, as formerly, finde your honour's favor and ayde for the innocent." 



48 

The historian of the witchcraft delusion, the Rev. 
Charles W. Upham, expresses himself as follows as re- 
gards our city : 

"The fact that when Massachusetts was suffering from a fierce and 
bloody persecution by its own government, New York opened so kind 
and secure a shelter for those fortunate enough to escape to it, ought 
to be forever held in grateful remembrance by the people of the Old 
Bay State, and constitutes a part of the history of the Empire State of 
which she may well be proud. 

The only witchcraft trial on record on this Island is 
that of Ralph Hall, and Mary, his wife, of Seatalcott, 
Long Island, under the English rule of Governor Nichols, 
in October, i665, about a year after the English occupa- 
tion. The indictment was by the Constables and Over- 
seers of Seatalcott. 

The trial came off in the City Hall before the Court of 
Assizes. 

The jury rendered the following special verdict : 

"We having seriously considered the case committed to our charge 
against ye prisoners at the barr, and having well weighed ye evidence, 
wee finde that there are some suspitions, by the evidence, of what the 
woman is charged with, but nothing considerable of value to take away 
her life. But in reference to the man, wee finde nothing considerable 
to charge him with." 

The parties were immediately discharged by the Court 
in their own recognizances. 

This is the only witchcraft trial here on record. 

In 1670 the people of the tovv^n of Westchester, which 
was settled mostly by New Englanders, were very much 
disturbed. There came among them a poor old widow 
and her children, one Katherine Harryson. She was 
fleeing from the religious people of Wethersfield, Con- 
necticut, who wanted to praise God by hanging their 
fellow creatures. 

Complaint was made to the Governor by the West- 
chesterians of this terrible visitation, and of a Captain 



49 

Richard Panton, who had humanely given the hunted 
woman asylum. It was prayed to the Governor, by 
these valorous people, that he would order the old 
woman to be removed from among them. 

The Governor scouted the petition of those who, in 
his words, " pretend their feares to be of a publque con- 
cerne," and the old woman having given bonds for her 
" civil carriage and good behaviour," the ensuing Court 
of Assizes held at New York peremptorily ordered the 
bonds to be discharged, and declared " that she hath lib- 
erty to remaine in the Towne of Westchester, where she 
now resides, or anywhere else in the Government, during 
her pleasure." 

Thus peremptorily were the magistrates of the Town 
of Westchester rebuffed. 

This is all there was of witchcraft on this Island. 
Honor to sound Dutch common sense, and to English 
Governor Nichols, for it. 

In reviewing the annals of our Dutch predecessors 
one cannot but be astonished at the low social and intel- 
lectual standard that has been given in some of our local 
literature to the founders of this City. They have by 
several writers been presented as boorish and ignorant. 
I have received rather a sharp criticism on a previous 
paper, in which I had endeavored to portray them truth- 
fully in their social life ; and had placed them, as I sup- 
posed, at a grade quite in accordance with historic fact. 

It is remarked by Graham, in his " History of North 
America," that whereas the founders of ancient colonies 
have been deified by their successors, New York is, per- 
haps, the only Commonwealth whose founders have been 
covered with ridicule from the same quarter. 

A late highly distinguished member of this Society, the 
Hon. George Folsom, in commenting upon this subject, 
remarked, that whatever may be thought of the wit and 



5o 



talent displayed in the well-known travesty above alluded 
to, the regret has often been expressed that a son of New 
York should have seen fit to make the Fathers of the 
Republic the subject of a coarse caricature. 

" English writers," remarks our late honored Gulian 
Verplanck, himself a direct descendant of the earlier time, 
"have long been accustomed to describe the manners and 
customs of Holland with a broad and clumsy exaggera- 
tion. Their old maritime contests and commercial rivalry 
may serve to excuse this misrepresentation in English- 
men, but for us there is no apology." 

It is time that this wrongful view of our predecessors 
should cease. 

While we may be amused by their quaint humor and 
some national peculiarities, let us place these hardy and 
resolute founders of the State in their proper place in 
history. 

In many of the noble qualities that make an upright 
people we of this day might fruitfully study them. 

The Dutch emigrants were not criminals, nor pirates, 
nor vulgarians, nor even refugees ; but upright, earnest, 
industrious and courageous men, composed mostly of the 
class who, as Motley says, " united much of the substan- 
tial wealth and the intelligence of the land, drawing con- 
stantly from the people and deriving strength from 
national enthusiasm." They came here actuated by that 
spirit of industrious enterprise that makes a thrifty and 
a virtuous people, and is the true basis of national char- 
acter. 

As regards the uprightness and justice that marked the 
administration of judicial affairs in New Amsterdam, 
Judge Daly, in his valuable and interesting paper on the 
Judicial Organization of the State, says : 

"Upon perusing the records of the New Amsterdam tribunals it is 
impossible not to be struck with the comprehensive knowledge they 



5i 

display of the principles of jurisprudence, and with the directness and 
simplicity with which legal investigations were conducted. In fact, as 
a means of ascertaining truth and doing substantial justice, their mode 
of proceeding was infinitely more effective than the technical and arti- 
ficial system introduced by their English successors." 

The Dutch here were a humane as well as a just people. 

Although slaves were held in New Amsterdam, they 
were treated with great kindness, and allowed unusual 
license, and could not be beaten, ad libitum, by their 

masters. 

We read of Jansen Vanderwin applying to the Court 
for permission to chastise his negro wench for some mis- 
conduct. 

When Captain John de Fries left New Amsterdam on 
a voyage, in 1674, his power of attorney to Michael Jan- 
sen reads, that the latter should take care of and justly 
treat the Captain's free negroes and Brazilian women. 

The Indians, too, were protected from outrage. 

Jonas Jonassen, a soldier, for robbing Indians, was 
stripped of his arms, and publicly whipped and chained 
to a wheelbarrow. 

A strong religious feeling pervaded both national and 
individual action in New Nederland. 

We have already alluded to the recitals in one of the 
wills of the period. The following is a clause extracted 
from the concluding portion of a marriage settlement : 

" The bride and bridegroom also promise to bring up the children, 
keeping their capital safe and not to touch more than the interest ; also, 
they will rear the children decently, send them to school, have them 
taught reading, writing, and a good trade, as decent, honest, and God- 
fearing parents are bound to do, but all according to their ability ; and 
doing nothing further than they will hope to justif)^ before God and 
honest men." 

A devout form of verification we read of when Mrs. 
Tryntje Jans declares her statement to be " as true as 
that God will make her a happy mother." 



52 



In a lease between Domine Bogardus and Robert 
Meuloff, of the Domine's hoek, the Domine, among other 
things, is to stock it with goats and pigs. The lease 
then reads, " of which animals they shall have the use for 
four years, provided that half the increase which God 
will grant shall belong to Evarardus Bogardus, and the 
other half to the lessees ; and if it happens, which God 
forbid, that one or more of the aforesaid goats or hogs 
come to die, Domine Bogardus shall have the choice 
from the increase to his full number." 

Here, too, was Dutch honesty, which became proverbial 
in Europe, and made the Dutch, from the confidence re- 
posed in them, as it has been said, the cashiers of the 
Old World. 

Their annals show them also to have been hospitable, 
kind and friendly to neighbors — to all comers — even 
with their gfrim neig^hbors of New Enorland. 

Among the earliest annals this trait appears. When 
the Dutch Director Minuit sent representatives to visit 
New Plymouth, and to establish friendly relations, he also 
dispatched " a rundlett of sugar and two Holland cheeses," 
as a little kindly present and treat to Governor Bradford, 
who was then with his people almost battling for life on 
their rock-bound coast. 

Under liberal grants and encouragements from the 
Dutch West India Company, and the bestowal of patroon- 
ships, many persons of substance and high social position 
were also drawn here. 

The soil was rich, the climate attractive, the peltry 
abundant. Many came as traders, many as planters or 
agriculturists, and some as professional men. We have 
heretofore spoken of the notaries and jurists here. 

The Dutch clergy also, settled in New Nederland, were 
men of culture and University training. 

The medical profession was also represented. There 



53 

were surgeons Jan Croon, Vander Bogaert, Aldart Swar- 
tout, Hans Kierstede, Jacob Hendricksen, Varre Vanger, 
and Jacob Hughes. 

There is on record a quaint anecdote about the doc- 
tors which I must introduce. 

In 1 652 the surgeons requested, by petition, that no 
one in future be permitted to shave people but they 
alone. 

The Director and Council consulted for some time on 
this weighty matter, and finally gave their decision as fol- 
lows : 

"That shaving doth not appertain exclusively to chirugery, but is 
only an appendage thereof. That no man can be prevented from ope- 
rating herein upon himself, or doing another this friendly act, provided 
that it be through courtesy, and that he do not receive any money for it, 
and do not keep any open shop of that sort, which is hereby forbidden, 
declaring, in regard to the last request, this act to belong to chirugery 
and the health of man." 

There was also Carolius Curtius, the scholar, who came 
out in 1 659 to establish a classical school. Also Aegidius 
Luyck, whose Latin school was of such repute that pupils 
were sent there from Fort Orange (Albany), the South 
(Delaware) River, and Virginia. 

There were also many Huguenots in the Colony or its 
vicinity — people of intelligence and education. The 
names of Lescuyer, Meseral, La Tourette, Consillaer, 
Dubois, Guion, Disosway, De la Noy, De Marest, and 
Rapelye represent Huguenot arrivals in the early days of 
New Netherland. 

Indeed, there were so many people of superior means 
and intellieence that the dearth of common laborers was 
a matter of comment. 

In the application for a municipal government, made 
by Adriaen Vander Donck and others in 1649 to the 
States General, among other causes of distress, is speci- 



54 

fied the " multitude of traders and the fewness of boors 
and farm servants." 

There was even a sort of aristocracy in those days. 
Citizens were divided into the great and small citizenships, 
the former consisting of the members of the Council, the 
Burgomasters and the Schepens, the ministers, and all 
their descendants in the male line ; also militia officers 
down to ensigns. 

Among the notable men we have already referred to is 
Adriaen Vander Donck, a graduate of the Leyden Uni- 
versity, and doctor of laws, who wrote a description of 
New Nederland in i65o, and another work, written with 
force and intelligence, exhibiting to the Company the 
condition of the Colony. 

Lubertus Van Dincklage, Vice-Governor to Stuyve- 
sant, was a lawyer and statesman. So, also, Nicassius de 
Sille, who was specially recommended to the Directors as 
one skilled as a soldier and versed in civil polity. Vice 
Director Wilhelmus Beeckman, Joceb Pietersen Kuyter, 
Henrick Vandyck, the Attorney-General, and Cornelius 
Van Ruyven, the Colonial Secretary, were also educated 
and notable men of the time. 

Stuyvesant, too, the son of a learned clergyman, was a 
man of liberal education, and proud of his Latinity, which 
he was continually displaying in his messages to the 
Council. 

Joannes de la Montagne, the Huguenot physician and 
councillor, was prominent also as a statesman and soldier, 
as also Captain Martin Cregier and Ensign Dirck Smit, 
whose courage and skillful leadership have not been 
excelled in any colonial history. 

There were also among the prosperous merchants and 
traders Pieter Rudolphus, Cornelius Steenwyck, Johannes 
de Peister, Isaac Bedloo, Isaac Allerton, one of the 
" Mayflower," pilgrims, Nicolas de Meyer, Allard An- 



55 



thony, Go vert Loockermans, Jaques Cosseau, Balthazar 
de Hart, the owner of the '' Haverstroo," Thomas Hall, 
the tobacco merchant of Deutel Bay, Augustyn Heer- 
mans, and Peter Wolversen Couwenhoven, and many 
others that might be specified. 

There were also even poets in those days, of whom 
Jacob Steendam was the most prominent. 

Steendam was formerly in the service of the West 
India Company, and came here about i65o. He lived in 
the Heei^e straat, and had also a farm at Amersfoort, now 
Flatlands. He was the author of the " Praise of New 
Nederland" and "The Complaint of New Amsterdam to 
her Mother, Old Amsterdam." 

His poems are full of mythological allusions and meta- 
phors, showing a classic taste and cultivated imagination. 
He thus, in one place, apostrophizes New Nederland : 

"O fruitful land ! heaped up with blessings kind — 
Whoe'er your several virtues brings to mind, 
Its proper value to each gift assigned, 

Will soon discover 
If ever land perfection has attained, 
Then you, in all things, have that glory gained — 
Ungrateful mortal, who your worth disdained, 

Would pass you over." 

Domine Henricus Selns, of Breuckelen, was also a 
poet and an accomplished scholar. He wrote verses, not 
only in Dutch, but in Latin and Greek, and was author of 
various odes, among others some nuptial verses on the 
marriage of Aegidius Luyck, the Latin schoolmaster, with 
Judith Isendoorn, a connection of Director Stuyvesant, 
which winds up as follows : 

" With them the best increase and joy within their portals ! 
May this new married pair peace and salvation know ; 
The budding hopes of Luyck and worth of Isendoorn 
Develop more and more, and thus with time so grow 
They at the dying hour the port of heaven may know. " 



56 



Nicassius de Sille, the Schout Fiscal, also wrote verses. 
They are said to be still extant, in the original, in the 
town records of New Utrecht, 

Specimens of the poetry of the above New Amsterdam 
bards have been translated into pleasant English rhyme 
by our learned antiquary, Hon. Henry C. Murphy, of 
Brooklyn. 

As regards other matters of taste and refinement, we 
find the Dutch here not deficient. They were fond of 
good things. 

We read in the annals of New Amsterdam of carved 
work and silver bowls and pitchers, and tankards with 
silver chains, fine linen and downy beds, rich muffs, ear- 
rings and bracelets set with pearls, amber and coral as 
articles of merchandize, gay head-dresses and chains of 
gold ; fur coats and rich beaver hats, and gold hat bands ; 
toys for the little ones, and Canary, French, Madeira and 
Spanish wines for the big ones ; gold and silver-mounted 
swords and gilt spurs and laces. 

In the inventory of the estate of Burgomaster Steen- 
wyck, we read of velvet chairs with silver lace, pictures, 
alabaster images, tapestry work, flowered tabby chimney 
cloths and curtains, Russia leather chairs, clocks and mus- 
lin curtains. Also of silk breeches, and coats and dou- 
blets of silver cloth. 

When Schepen Joannes de Peister first came to this 
country, about i65i, he brought with him costly articles 
of furniture, family pictures and articles of massive silver 
plate. 

His sWver punch bowl is now in this city in possession 
of the family. 

In 1641, in the inventory of Dame Ides Van Voorst, 
late wife of Jacob Stoffelsen, at Ahasimus, we read of 
gold hoop rings, silver medals and chains, silver spoons, 
silver brandy cups and goblets, Spanish leather patterns, 



57 

a damask furred jacket, linen handkerchiefs with lace, 
and brass warming pans. 

Under this people New Amsterdam became, even un- 
der its brief existence, the Emporium of Commerce of 
this hemisphere. 

There was trade with Holland, Curacoa, St. Barthol- 
omew, the Canary Islands, Virginia, the Brazils, and with 
the coasts of France, Spain and Africa. 

The commercial policy of Holland favored low duties. 
Thence flourished an active trade. The little city became 
the depot of wheat, hides, tobacco, lumber and peltry, 
which thence were shipped to Europe, to New England, 
and the West Indies. 

The waters of the bay were alive with coasters and 
ocean traders, whose nam-es recall the humor, the pas- 
toral scenes or the sentiment of the Fatherland. For ex- 
ample, we read of the " Spotted Cow," the " Dove," the 
" Pear Tree," the " New Love," the " Herring," the 
" Blind Ass," the " Broken Heart," the " Water Dog," the 
" Cat," the " Blue Cock," the " Gilded Beaver," the " Glad 
Tidings," the " Flower of Guelder," and the " Orange 
Tree." 

The solid warehouses of the Company and of the opu- 
lent traders were filled with produce and merchandise, 
and attested the busy trade of the Colony, both with the 
Indians and the outside world. 

People of all nations traded at New Amsterdam, and 
as early as 1 643 it was stated by a visitor there that there 
were as many as eighteen different languages spoken in 
the infant city. 

We are indebted for our liberties as much to the Bata- 
vian as to the Anglo Saxon, 

Taxation only by consent, or through representatiojt, was 
a principle asserted in New Nederland, as it had been in 
Holland, and was to be in New York. 



58 



The very motto of our nation is borrowed from that of 
the Dutch, enunciated on the establishment of the Repub- 
lic. ** Endragt maakt nzagt," — Unity makes might. 

Let our local literature no longer misrepresent this 
people. 

Let us enjoy their quaint humor and homely attributes, 
but let us respect their courage, their perseverance, their 
industry, their sense of justice, their religious feeling, and 
their intellectual and social condition. 

All honor to the New Englander! but let us not the less 
honor XhQ pioneers of this State. 

Perhaps some may not agree with me, but from what 
I have read of the founders of New York, I think that the 
Dutch were the leading people in civil and religious free- 
dom, in commercial enterprise, and in culture, on this 
Continent. 

The Dutch atmosphere is still hovering over this City. 

It inspired Jacob Leisler to hold the government for 
William of Orange against James and his myrmidons. 

It inspired the " Sons of Liberty," who first gave form 
and impetus to the thunder cloud then slowly gathering 
to oppose political oppression. 

It has kept this City liberal, tolerant a.nd just. 

It has saved it from arrogance, hypocrisy and persecu- 
tion — (rom fanaticism on one hand, and infidelity on the 
other. 

It has made this people charitable and cosmopolitan. 

It has preserved in them a sense of right and of con- 
demnation of iniquity. 

It has formed a soimd ptiblic opinion, that rectifies the 
abuses and controls the action of political parties, and 
lashes wrong-doers from the Temples of the Law. 

It has kept up a patriotism that still dooms the national 
parricide — a moral sense that still inflicts a stern and sure 
retribution on the vampire preying upon the City's life. 



59 

Impartial justice still holds the scales over our City 
Hall, as in that of old. 

As the child is father to the man, so one age leads and 
forms its successor. 

Moral qualities are traditional in States as in families. 

Show me a Colony actuated by honor, industry and 
virtue, and I will show you a State noble, prosperous and 
free. 



THE OLD 



STADT HUYS 



OF 



New Amsterdam 



A PAPER READ BEFORE THE 

New York Historical Society, 

June 15th, 1875. 



NEW YORK : 
F. B. Patterson, 32 Cedar Street. 

1875- 



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